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Retailer Click & Collect Terms & Conditions…

Interpretation

In these Terms:

1.1 “We/us/our” means It’s A Pet Thing. We are a division of Vital Pet Products Limited, a company registered in England and Wales under company number 2121746 and have our registered office at The Barton, North Tawton, Exeter, EX20 2BB. Our VAT number is 918 525 117.

1.2 the following words and expressions have the following meanings:

"Clause" a clause of these Terms;

"C&C" the click and collect service offered by us and available to Customers on the Website under which the Customer can choose to have Product(s) delivered to one of our approved retailers for collection;

"Collection Reference" the collection reference number displayed on the Customer Confirmation Email, which you must retain and quote to us to confirm collection of the Product(s) in accordance with Clause 5.7;

"Customers" private living individuals seeking Product(s) solely for domestic purposes and not in connection with any business, trade or profession;

"Customer Terms" the terms and conditions between us and the Customer relating to an Order, which can be viewed here;

"Customer’s Confirmation Email" either (i) the email sent to the Customer in which we acknowledge receipt of their Order or (ii) the subsequent email sent to the Customer relating to that Order confirming the Product(s) have been despatched to your Premises in accordance with C&CC or (iii) the subsequent email send to the Customer relating to that Order confirming the Product(s) have been delivered to your Premises in accordance with C&C;

"Data" any personal data (as defined in the DPA) relating to our personnel or Customers provided to or otherwise acquired by you in providing the Services;

"DPA" Data Protection Act 1998;

"Net Proceeds" the amount which is to be credited to your VPP Account in accordance with Clause 7;

"Order" an order placed by a Customer on the Website for the delivery of Product(s) to your Premises;

“Package(s)” means the package(s) containing all the Product(s) to fulfil a single Order for a Customer, which will be delivered to your premises by VPP in a sealed package labelled with the Customer’s details.

"Premises" your retail premises which you have informed us are suitable for delivery of Product(s) and where Customers can collect Product(s) from;

"Product(s)" any products listed on the Website from time to time for purchase by Customers through C&C;

"Return Slip" the return slip which the Customer must provide when returning Product(s) in accordance with the Returns Policy, as defined in Clause 6.1;

"Services" participation as one of our approved retailers in C&C for the delivery of Product(s) to your Premises, storage and collection by Customers and all such ancillary services as set out in these Terms;

"Terms" these terms and conditions;

"VPP" Vital Pet Products Limited, being a limited company incorporated in England and Wales (company number 02121746) and with its registered office at The Barton, North Tawton, Devon EX20 2BB;

"VPP Account" A credit account set up by VPP for you in accordance with the VPP Terms;

"VPP Terms" the terms and conditions in effect between you and VPP relating to the sale of pet products to you on a commercial wholesale basis;

"you", "your" the retailer who agree to these Terms for providing the Services as part of C&C.

1.3 reference to any statute or statutory provision includes a reference to that statute or statutory provision as from time to time amended, extended or re-enacted;

1.4 words importing the singular include the plural, words importing any gender include every gender and words importing persons include bodies corporate and unincorporated and (in each case) vice versa;

1.5 any reference to a party to the contract includes a reference to his successors in title and permitted assigns;

1.6 the headings to the clauses are for ease of reference only and shall not affect the interpretation or construction of these Terms.

2. Contract

2.1 The Terms set out the terms and conditions on which you agree to provide the Services as a participating retailer in C&C. You can accept these Terms by ticking the box confirming you have read, understood and agree to these Terms. You also agree to be bound by and observe the VPP Website Terms and Conditions. Once accepted we will retain a copy of these Terms and also recommend you keep a copy for future reference.

2.2 It is your responsibility to check and notify us of any errors in the information provided to us when registering to provide the Services. If you are signing up to VPP simultaneously, you can amend errors on the VPP registration form. If you currently hold a VPP Account, or your details subsequently change, you can notify us at 0808 198 9101 or via the Website "Contact Us" page if there is an error in the information you have provided.

2.3 By accepting these Terms you warrant and represent to us that:

2.3.1 you are an existing VPP customer with a VPP Account or, at the time of accepting the Terms you are simultaneously becoming a VPP customer and opening a VPP Account in accordance with the VPP Terms;

2.3.2 the Premises are located within England, Wales, Scotland, Northern Ireland, the Isle of Man, or the Channel Islands and are authorised and suitable for use as retail premises;

2.3.3 the Premises are authorised for retail sales, and are suitable for the delivery and storage of Product(s), and for Customers to be able to collect their Orders safely;

2.3.4 you have sufficient resources to provide the Services in accordance with these Terms,

and we will not be obliged to provide you with any Orders or continue to allow you to provide the Services if any of the matters in Clauses 2.3.1 to 2.3.4 are found to be false, in which case you agree to indemnify and hold us harmless against all and any loss, damages, liability and costs (including reasonable legal expenses) that we suffer or incur as a result of or in connection with any breach by you of the matters stated in those provisions.

2.4 In consideration of a single payment by us in the sum of £0.01 to be paid when you agree to participate in C&C by accepting these Terms (payable to VPP for crediting to your VPP Account), and for us agreeing to subsequently ensure your VPP Account is credited as set out in Clause 7, you agree to participate in C&C and provide the Services (as required) pursuant to these Terms.

2.5 We shall not be obliged to provide you with any, or any minimum quantity of Orders and we will not be required to make any payment to you pursuant to Clause 7 or have any other liability to you in the event that no Customer places an Order.

2.6 On despatch by us of an Order from a Customer we will send you an email (‘Collection Notification Email’) confirming:

2.6.1 the Product(s) which are to be delivered to your Premises;

2.6.2 the Customer’s name, address and order reference number; and

2.6.3 that the Product(s) have been despatched to your Premises,

and you will then provide the Services to us in relation to that Order in accordance with these Terms.

3. Your Obligations

3.1 In providing the Services you shall;

3.1.1 ensure that your Premises comply with all laws, regulations, guidance or policies of health and safety applicable to retail premises in the territory in which your Premises are located;

3.1.2 not hold yourself out as having authority to bind us to any obligation, demand, admission or other liability;

3.1.3 not do or omit to do anything which could harm or damage our reputation or that of VPP, or which is defamatory, obscene, unlawful or infringes the rights of any third party;

3.1.4 not do or omit to do anything which places us, or could potentially place us, in breach of the Customer Terms;

3.1.5 provide the Services with all due reasonable care, skill and ability;

3.1.6 promptly, upon reasonable request, provide us with all such information and reports as we may reasonably require in connection with matters relating to the provision of the Services, Orders or Product(s); and

3.1.7 not interfere with, alter or tamper with any Product(s) delivered to you in fulfilment of an Order.

3.2 During your participation in C&C and throughout your provision of the Services until terminated in accordance with Clause 10, you shall not carry out any click and collect service (or service similar to C&C) on behalf of the business of a third party which is similar to or in any way competitive with us or VPP without our prior written consent. For the avoidance of doubt nothing in this Clause 3.2 is intended to prevent you operating your own click and collect retail service from your own website in the course of your own business.

4. Product Delivery

4.1 Upon the Product(s) being delivered to your Premises you must sign the proof of delivery form as supplied by the driver. You will inspect the Package(s) to ensure it (/they) are unopened and in good condition before doing so as once you have confirmed receipt of the Package(s) this will constitute your acceptance, for the purpose of these Terms, that the Package(s) have arrived in a reasonable condition suitable for collection by the Customer.

4.2 If the goods are delivered by a means other than by a VPP delivery driver, you must call us on 0808 198 9101 to notify us the delivery has arrived. We will then inform the customer that their goods are ready for collection.

4.3 The Product(s) shall remain our property at all times until the Customer has collected them from you and, until title to the Product(s) passes to the Customer pursuant to Clause 5.2, you shall:

4.3.1 hold the Product(s) on a fiduciary basis as our bailee;

4.3.2 store the Product(s) separately from all other goods held by you so that they remain readily identifiable as our property;

4.3.3 not remove, deface or obscure any identifying mark or packaging on or relating to the Product(s);

4.3.4 maintain the Product(s) in satisfactory condition and keep them insured against all risks for their full price from the date of delivery;

4.3.5 notify us immediately if you become subject to any of the events listed in Clause 10.2.1 to 10.2.12; and

4.3.6 not encumber or charge the Product(s) with any form of security for your own indebtedness nor hold out the Product(s) as belonging to you;

4.3.7 give us such information relating to the Product(s) as we may require from time to time

4.4 If before title to the Product(s) passes to the Customer under Clause 5 you become subject to any of the events listed in Clause 10.2.1 to 10.2.12, or we reasonably believe that any such event is about to happen and notify you accordingly, then, and without limiting any other right or remedy we may have, we may at any time require you to deliver up the Product(s) and, if you fail to do so promptly, enter your Premises or any other premises of whether of yours or a third party’s where the Product(s) are stored in order to recover them.

4.5 All risk of loss or damage to the Product(s) will pass to you once we have delivered the Product(s) to your Premises until such time as the Customer has collected the Products from you.

4.6 You shall indemnify us for all costs, expenses, losses or damage (whether direct or indirect) which we suffer as a result of damage to or loss of Product(s) by you whilst in your care prior to the Customer collecting them or following return of the Product(s) from the Customer in accordance with Clause 6. You agree that we shall, without prejudice to any other rights or remedies available to us, be entitled to instruct VPP to deduct all such sums as we deem due on demand from any credit balance standing on your VPP Account.

5. Customer Collection

5.1 When the Customer attends your Premises to collect the Product(s) you shall, prior to releasing the Product(s), require them to produce the following documents:

5.1.1 Proof of Purchase - a copy of their Order Confirmation email, their Despatch Confirmation email or one of their Collection Reminder emails.

5.1.2 Photo ID - for your protection against fraud, you should not release their purchase without seeing a photo ID, eg. a passport or photo driving licence, and recording the details from it.

5.1.3 If someone else is collecting the goods on behalf of the customer, they must present the proof of purchase, as well as their own photo ID (eg. passport or photo driving licence).

5.2 On releasing the Product(s) to the Customer they will acquire all rights of ownership and will be responsible for any loss or damage to the Product(s) occurring after that time, subject to Clause 6.

5.3 You must not charge the Customer any fee, charge or expense for collecting the Product(s) and you shall ensure that the Customer is attended to within a reasonable time of attending your Premises and with all due courtesy.

5.4 You must allow the Customer a reasonable opportunity to inspect the Product(s). Any questions concerning the Product(s) from the Customer should be referred to us promptly.

5.5 On receiving the Collection Reference from the customer, it is recommended that you contact us on 0808 198 9101 or via the Outlet Orders page on our Website to confirm the Collection Reference is correct. If you do not do this, we will not accept liability for you giving the goods to the wrong person.

5.6 Before releasing the Product(s) to the Customer you should record the details of their Photo ID and you must retain that document for 28 days after contacting us in accordance with Clause 5.7 below.

5.7 Once the Customer has collected the Product(s) in accordance with this Clause, you must contact us on 0808 198 9101 or via the Outlet Orders page on our Website to confirm collection by quoting the Collection Reference. Please note that any credit to your VPP Account under Clause 7 will be conditional on, amongst other things, you having done this.

5.8 In the event that a Customer has failed to collect the Product(s) within 15 days of them being delivered to you, we shall contact you on 0808 198 9101 to make arrangements for the collection of the Product(s). For the avoidance of doubt you will continue to hold the Product(s) during that time on the basis set out in Clause 4.3.

6. Returns

6.1 The Customer has rights to return unwanted or damaged Product(s) in accordance with their legal right of cancellation and/or the returns policy set out in our Customer Terms and Conditions (“Returns Policy”).

6.2 The Customer has the right to return unwanted or damaged Product(s) to any C&C approved outlet registered on the Website (which may not be your Premises or the outlet where the Product(s) were collected from).

6.3 You agree to allow Customer’s to return unwanted or damaged Product(s) to your Premises and upon a Customer doing so you will:

6.3.1 check the Customer is returning the Product(s) within the time specified in the Returns Policy;

6.3.2 ensure the Customer provides you with the completed Return Note (specifying the reason for the return) and/or otherwise has complied with the Returns Policy;

6.3.3 inspect the Product(s) to ensure that, save for the any complaint of damage or defect by the Customer, you are satisfied there is no other damage to the Product(s) and they are otherwise in a reasonable condition. If such additional damage is found, please ensure we are informed of this.

6.4 Upon taking possession of Product(s) returned by a Customer the risk of loss or damage to the Product(s) will pass to you until we collect the Product(s) (though title to the Product(s) will revert to us under the Customer Terms) and you agree to hold the Product(s) in accordance with Clause 4.2, until they are returned to us.

6.5 You must ensure that you contact us on 0808 198 9101 or via the Website "Contact Us" page within 3 working days of the Customer having returned the relevant Product(s) to you to arrange for them to be collected, along with:

6.5.1 the Return Slip completed by the Customer or details of the order reference number, summary of complaint and contact number provided by the Customer; and,

6.5.2 confirmation as to the date on which the Customer returned the Product(s) to your premises.

6.6 In the event that the Customer returns the Product(s) to us directly in accordance with the Returns Policy, we will notify you by email and no credit will be made to your VPP Account pursuant to Clause 7 in relation to those Product(s).

6.7 For the avoidance of doubt, in the event that a Customer returns Product(s) to you (whether relating to an Order not delivered to your Premises (evidenced by a Collection Confirmation Email) or not) no credit will be made to your VPP Account.

7. Account Credit

7.1 Subject to Clause 5.6, we shall ensure VPP credits your VPP Account with the Net Proceeds relating to an Order in relation to which you provide the Services (calculated in accordance with Clause 7.2 below), unless the Customer has returned the Product(s) by any method in accordance with the Returns Policy.

7.2 The Net Proceeds will be the gross amount received by us from the Customer in relation to the Order, less:

7.2.1 VAT or other sales tax relating to the Order;

7.2.2 the 4th Band price of the Product(s) published by VPP in their published price list as in force at the date the Order was placed;

7.2.3 all sums attributed to any Product(s) comprised in the Order which are returned by a Customer.

7.3 The Net Proceeds calculated in relation to an Order will be credited to your VPP Account as a non-exchangeable sterling value within 14 working days after you have confirmed the Customer has collected the Product(s) by providing the correct Collection Reference in accordance with Clause 5.6.

7.4 In the event that Product(s) are returned to us after the Net Proceeds relating to them are credited to your VPP Account in accordance with this Clause 7, you agree that we shall be entitled to instruct VPP to deduct the Net Proceeds amount credited in relation to those Product(s) from your VPP Account.

7.5 We may at any time, without limiting any other rights or remedies available to us, set off any liability you have to us against any Net Proceeds calculated as being due for crediting to your VPP Account whether such liability is present or future, liquidate or unliquidated, and whether or not that liability arises in relation to a Order.

7.6 We will instruct VPP to credit or debit your VPP Account pursuant to this Clause.

8. Data Protection

8.1 If, in carrying out Services in relation to any Order we provide you with or you otherwise acquire any Data, you shall:

8.1.1 only process that Data in accordance with our instructions and at all times in accordance with the DPA;

8.1.2 not otherwise modify, amend or alter the contents of that Data or disclose or permit the disclosure of any of the Data to any third party unless specifically authorised in writing by us or the Customer to whom the Data relates;

8.1.3 take appropriate technical and organisational measures against unauthorised or unlawful processing of the Data and against accidental loss or destruction of, or damage to, the Data;

8.1.4 provide reasonable evidence of your compliance with your obligations under this Clause 8.1 to us on reasonable notice and request; and

8.1.5 not transfer any Data outside the European Economic Area without the prior written consent of us.

8.2 In this Clause 8, ‘personal data’, ‘data subject’ and ‘process’ shall have the meanings given to them in the DPA. If you become aware that there is risk that any Data is not or has not been handled in compliance with Clause 8.1, you shall promptly notify us and take any steps which may be necessary to remedy that defect. Any modifications shall be at your cost unless the problem was due to an act or omission on our part.

8.3 You shall (without prejudice to any other rights or remedies available to us) hold us harmless from and against all actions, proceedings, liabilities, penalties, judgements, fines, demands, fees, losses, damages, costs and expenses (including reasonable legal and other professional advisers' fees and disbursements) (“Losses”) suffered or incurred by us, arising from or associated with any third party claims or any action, adjudication or decision taken in each case directly or indirectly arising (in whole or in part) out of any breach by you of Clause 8.1 or any other direct or indirect breach or negligent performance or failure or delay in your performance of your obligations under and/or pursuant to a these Terms, save to the extent that any Losses are caused by any material breach of these Terms by us or any negligence or fraud on our part.

9.Limitation of Liability

9.1 Nothing in these Terms limits or excludes our liability for:

9.1.1 death or personal injury caused by its negligence;

9.1.2 fraud or fraudulent misrepresentation; or

9.1.3 breach of any other liability which cannot be limited or excluded by applicable law.

9.2 Subject to Clause 9.1 and to the extent permitted by law, we shall not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise arising under or in connection with a Order for loss of profits, loss of sales or business, loss of agreements or contracts, loss of anticipated savings, loss of or damage to goodwill, loss of use or corruption of software, data or information, any indirect or consequential loss, nor shall we be liable for any costs, expenses, demands, fines or fees associated therewith.

9.3 We warrant that the Product(s) delivered to you will, at the time of delivery, comply with the Order.

10. Termination

10.1 Either you or we may terminate your participation in C&C and the Services by giving at least 7 days’ notice in writing.

10.2 Without limiting its other rights or remedies, either party may terminate the Services with immediate effect by giving written notice to the other party if:

10.2.1 the other party suspends, or threatens to suspend, payment of its debts or is unable to pay its debts as they fall due or admits inability to pay its debts or (being a company or limited liability partnership) is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 or (being an individual) is deemed either unable to pay its debts or as having no reasonable prospect of so doing, in either case, within the meaning of section 268 of the Insolvency Act 1986 or (being a partnership) has any partner to whom any of the foregoing apply;

10.2.2 the other party commences negotiations with all or any class of its creditors with a view to rescheduling any of its debts, or makes a proposal for or enters into any compromise or arrangement with its creditors;

10.2.3 a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with the winding up of that other party (being a company) other than for the sole purpose of a scheme for a solvent amalgamation of that other party with one or more other companies or the solvent reconstruction of that other party;

10.2.4 the other party (being an individual) is the subject of a bankruptcy petition or order;

10.2.5 a creditor or encumbrancer of the other party attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of its assets and such attachment or process is not discharged within 14 days;

10.2.6 an application is made to court, or an order is made, for the appointment of an administrator or if a notice of intention to appoint an administrator is given or if an administrator is appointed over the other party (being a company);

10.2.7 the holder of a qualifying floating charge over the assets of that other party (being a company) has become entitled to appoint or has appointed an administrative receiver;

10.2.8 a person becomes entitled to appoint a receiver over the assets of the other party or a receiver is appointed over the assets of the other party;

10.2.9 any event occurs or proceeding is taken with respect to the other party in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the events mentioned in Clause 10.2.1 to Clause 10.2.8 (inclusive);

10.2.10 the other party suspends or ceases, or threatens to suspend or cease, to carry on all or a substantial part of its business;

10.2.11 the other party's financial position deteriorates to such an extent that in the other's opinion their capability to adequately fulfil its obligations under these Terms has been placed in jeopardy; or

10.2.12 the other party (being an individual) dies or, by reason of illness or incapacity (whether mental or physical), is incapable of managing his own affairs or becomes a patient under any mental health legislation.

10.3 Without limiting your other rights or remedies, you may terminate your participation in C&C and provision of the Services with immediate effect by giving written notice to us if we fail to instruct VPP to credit your VPP Account with any amount due under these Terms in relation to an Order within 21 days of you serving written notice on us (after the period specified in Clause 7.3) requesting such payment.

10.4 We may terminate the Services immediately if:

10.4.1 you cease to be a customer of VPP or otherwise cease to hold a VPP Account;

10.4.2 you commit a material breach or persistent breaches of any of these Terms and (if such breach is remediable) fail to remedy that breach within a period of 14 days of being notified in writing to do so by us.

10.5 Termination of all or part of the Services (including your participation in C&C) for any reason shall not affect any rights or liabilities accrued at the date of termination.

10.6 On termination of the Services (including your participation in C&C):

10.6.1 you shall continue to allow Customers to collect any Product(s) in relation to an Order confirmed by a Confirmation E-Mail prior to the date of termination. If those Product(s) are not collected within the time period specified in Clause 5.7 we will collect those Product(s) to us in accordance with Clause 5.7;

10.6.2 save for those Product(s) to which Clause 10.6.1 applies, you will return all Product(s) held by you by contacting us on 0808 198 9101 to make arrangements for the collection of the Product(s) within 10 working days of the termination date.

10.6.3 you shall continue to allow Customers to return any Product(s) collected or ordered 14 days prior to the date of termination (including those referred to in Clause 10.6.1) and shall do so and return those Product(s) to us in accordance with these Terms.

10.6.4 you shall immediately remove any reference to C&C from your premises, websites, marketing materials or anywhere else a customer might see and be lead to believe you participate in C&C.

11. Notices

11.1. Save where expressly provided otherwise in these Terms, any demand, notice or communication shall be deemed to have been duly served:-

11.1.1. if delivered by hand, when left at the address for service provided for in this Clause; or

11.1.2. if sent by prepaid first class post, 48 hours after being posted (excluding Saturdays, Sundays and public holidays).

11.2. Any demand, notice or communication pursuant to an Order must be made in writing. If such notice is served on us it should be sent to It’s a Pet Thing, The Barton, North Tawton, Exeter, EX20 2BB marked for the attention of The Sales Department. If we are serving notice on you will do so at your Premises. Such other addresses may from time to time be notified in writing by the recipient to the sender as the recipient’s address for service.

12. Miscellaneous Provisions

12.1 These Terms constitute the entire agreement between you and us relating to the provision of the Services by and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between us in relation to this, and all past orders. No oral explanation or oral information given by any party (including any information given via our customer service departments) shall alter the interpretation of these Terms. In agreeing to these Terms, you confirm that you have not relied on any representation other than those expressly stated in these Terms, and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in these Terms.

12.2 Notwithstanding that the whole or any part of any provision of these Terms may prove to be illegal or unenforceable the other provisions of these Terms and the remainder of the provision in question shall remain in full force and effect.

12.3 We may assign or transfer any of our rights or sub contract any of our obligations under these Terms to any third party. You may not assign or transfer any of your rights or sub-contract any of your obligations under these Terms except with our specific permission in writing.

12.4 A person who is not a party to these Terms shall have no right to enforce any term under the Contracts (Rights of Third Parties) Act 1999.

12.5 If we have not noticed and/or insisted that you perform any of your obligations under these Terms, or if we do not enforce (or delay in enforcing) our rights against you immediately, that will not mean we have waived our rights to require you to comply with those obligations. We would only waive our rights if we make it clear in writing.

12.6 These Terms are governed by English law. This means that any dispute or claim arising out of or in connection with them or an Order or its subject matter (including non-contractual disputes or claims), will be governed by English law. By accepting these Terms you and we agree to the exclusive jurisdiction of the courts of England.